It’s the law, stupid

Kender again demonstrates an inability to grasp the core of the debate over Bush’s warrantless wiretaps:

Wiretaps are bad, right? Well then why I am giving a big tip o’ me tam to my bud Ric at Release the Hounds for a story out of Italy about terrorists that were not only caught planning attacks in the U.S., but caught with WIRETAPS???? Because WIRETAPS WORK!!!

No, Kender, wiretaps in and of themselves are not bad. Clearly, they can and do provide valuable intelligence on the actions and intent of terrorists. No mainstream politician has, to my knowledge, argued for a blanket ban on all wiretaps.

There’s a much bigger issue here, one that Kender and his ilk steadfastly refuse to perceive: Are we to become a society ruled by fear? Is the threat posed by the terrorists so huge, so overwhelming, so unmanageable that we must abandon two centuries of principles to save our skins? Is the President — any President — bound by laws, or is he a law unto himself?

FISA is the law of the land, and has been for decades. It lays out clear and careful guidelines for the use of wiretaps against US citizens. And make no mistake, such wiretaps are necessary. FISA exists so that domestic wiretaps can be carried out in a rational manner, consistent with the rights guaranteed under our Constitution.

The Bush administration has provided no believable rationale for bypassing the requirements of FISA. Instead, Bush has chosen to deliberately ignore the law. The most puzzling aspect is… why? What intelligence could the Bush administration reasonably have expected to gain with warrantless wiretaps that it could not have obtained with wiretaps that were authorized by a FISA warrant? Especially since, under FISA, it is permissible to apply for a warrant after the wiretap is in place?

No democracy can survive by throwing away its principles every time a threat arises. America cannot be destroyed by terrorists flying planes into buildings. Kender and his panic-stricken kind simply do not understand that the greatest danger to America comes from Americans who are willing to trade integrity, principles, and the rule of law for a little illusory safety.